A.Karunanidhi v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.12.2024
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL OP. 30805 of 2024 A.KARUNANIDHI S/O.AYYAKANNU, NO.55/2, SOUTH STREET, CHITHAMUR VILLAGE, VILLUPURAM DISTRICT.
PETITIONER Vs THE STATE REP BY THE INSPECTOR OF POLICE, THIRUPALAPANTHAL POLICE STATION, KALLAKURICHI DISTRICT. CRIME NO. 220/2024 RESPONDENT For Petitioner:
MR. BALACHANDRAN T For Respondent:
MR. S. SANTHOSH, ADVOCATE (CRL. SIDE) Page No.1 of 7
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of Bharatiya Nyaya Sanhita (BNS) Act, 2023 r/w 21(1) of Mines & Minerals (Development & Regulation) Act, 1957, in Crime No.220 of 2024, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that, on 23.11.2024, when the Assistant Geologist of Kallakurichi was at his routine vehicle check up near Iyyanar Kovil at Poomari village, he found a Tipper Lorry bearing Registration No. TN 54Z 5755 carrying 3.5 unit of gravel sand, without any proper permission. He therefore, lodged a complaint with the police. Hence, the case.
3.The learned counsel for the petitioner would submit that the petitioner, who is the owner of the lorry, is innocent and that a case of sand theft has been fabricated against him. He would further submit that the petitioner has no previous case against him and without prejudice to his contentions, the petitioner is prepared to deposit an amount of Rs.5,000/- Page No.2 of 7
towards any charitable organization or association. Therefore, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent Police, while objecting for the grant of anticipatory bail to the petitioner, would submit that the petitioner was found taking 3.5 unit of gravel sand illegally near Iyyanar Kovil, Poomari village. He would further submit that the petitioner has no previous case pending against him. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
6.In respect of grant or refusal of anticipatory bail to the persons indulging in illegal sand mining, smuggling and theft of sand and minerals, the Apex Court in S.Mohamed Shahul Hameed Vs. State rep. by the Inspector of Police (Special Leave to Appeal (Crl.) No.6029 of 2020 dated 11.12.2020), while expressing disagreement with the sweep observation made by this Court on the aspect of continuous misuse of discretionary Page No.3 of 7
power by the offenders and the enforcers as well in an organised manner, has clarified that in consideration of anticipatory bail, the role assigned to a person would have to be considered.
7.Taking into consideration the facts and circumstances of the case and that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. However, in order to curb illegal sand mining activities and taking into consideration the voluntary submission made by the petitioner offering to deposit a considerable amount to any charitable organization or association, this Court is of the opinion that as one of the conditions for grant of anticipatory bail, the petitioner may be directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of District Legal Services Authority, Kallakurichi District, without prejudice to his rights and contentions before the trial Court. 8.It is made clear that merely because the petitioner is depositing the amount, it would not amount to the petitioner admitting his guilt in the criminal case and such amount is being paid without prejudice to the right of the petitioner.
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9.Accordingly, the petitioner shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the District Legal Services Authority, Kallakurichi District, and on such deposit and on receipt of proof of payment, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate, Thirukovilur, Kallakuruchi District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:
[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.
[c] the petitioner shall not tamper with evidence or witness either Page No.5 of 7
during investigation or trial;
[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the Petitioner in accordance with law as if the conditions have been imposed and the Petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
11.12.2024 bga A.D.JAGADISH CHANDIRA, J.
bga To
1. THE INSPECTOR OF POLICE, THIRUPALAPANTHAL POLICE STATION, Page No.6 of 7
KALLAKURICHI DISTRICT. CRIME NO. 220/2024
2. THE JUDICIAL MAGISTRATE, THIRUKOVILUR, KALLAKURUCHI DISTRICT CRL OP. 30805 of 2024 11.12.2024 Page No.7 of 7